{"id":234749,"date":"1998-04-20T00:00:00","date_gmt":"1998-04-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/g-c-bandha-vs-university-of-delhi-ors-on-20-april-1998"},"modified":"2018-09-20T10:25:38","modified_gmt":"2018-09-20T04:55:38","slug":"g-c-bandha-vs-university-of-delhi-ors-on-20-april-1998","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/g-c-bandha-vs-university-of-delhi-ors-on-20-april-1998","title":{"rendered":"G.C. Bandha vs University Of Delhi & Ors. on 20 April, 1998"},"content":{"rendered":"
Delhi High Court<\/div>\n
G.C. Bandha vs University Of Delhi & Ors. on 20 April, 1998<\/div>\n
Equivalent citations: 1998 IVAD Delhi 683, 74 (1998) DLT 486, 1998 (46) DRJ 458<\/div>\n
Author: K Ramamoorthy<\/div>\n
Bench: K Ramamoorthy<\/div>\n<\/p>\n
<\/pre>\n
ORDER<\/p>\n
K. Ramamoorthy, J.<\/p>\n
1.   The  writ  petitioner  was an Additional  Principal  and  disciplinary action was taken against him. On 18.04.1984 a charge-sheet was issued which was  followed  by  Memo dated 13.06.1984 and a notice was  also  issued  on 04.07.1984 which was challenged in the writ petition.\n<\/p>\n
2.   Before  going into the controversy in the writ petition, it is  necessary  to notice a few facts. On 11.06.1983 the Governing Body was  properly constituted is not in dispute. The Governing Body consisted of 20  members. With  reference to 8 members there is no controversy and their  functioning as  members of the Governing Body at the relevant time. The 12  members  by the Delhi Administration.\n<\/p>\n
3.   On 06.06.1984, the Executive Council of the Delhi University passed  a Resolution  for the purpose of the administration of the college which  was the subject matter of the resolution and the resolution reads as under:\n<\/p>\n
     MINUTES OF THE EXECUTIVE COUNCIL’S MEETING HELD ON 6.6.1984 <\/p>\n<\/blockquote>\n
      100.  Under any other business with the permission of the  Chair, the Council was informed that the Council had at its meeting held on  11th June, 1983 granted approval to the Delhi  Administration nominees on the Governing Bodies of the following colleges for  a period of one year with effect from 11.6.1983:<\/p>\n<\/blockquote>\n
     1). Bharati Mahila College.\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
     2) Gargi College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     3) Kalindi College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     4) Kamala Nehru College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     5) Maitreyi College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     6) Laxmi Bai College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     7) Shyama Prasad Mukherjee College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     8) Vivekananda Mahila College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     9) Satyawati Co-educational College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     10) Sri Aurobindo College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     11) Bhagat Singh College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     12) Moti Lal Nehru College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     13) Shivaji College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     14) Swami Shrddhanand College.\n<\/p><\/blockquote>\n
<\/blockquote>\n
     15) Rajdhani College.\n<\/p><\/blockquote>\n
\n     The  Council was further informed that the  Delhi  Administration had  not so far sent the names of its nominees on  the  Governing Bodies  of these Colleges for approval by the Executive  Council. It  was felt that it would not be desirable that  these  colleges were  run without properly constituted Governing Bodies. It  was, therefore,  suggested that the term of the existing  nominees  of the  Delhi Administration on the Governing Bodies of  those  colleges  be  extended for a term of three months with  effect  from 11.6.1984.<\/p>\n
     The  Council  accepted  the above suggestion  and  resolved  that approval be accorded to the existing nominees of the Delhi Administration  on the Governing Bodies of the above fifteen  colleges for a term of three months w.e.f. 11.6.1984.<\/p>\n
     Arising  out  of the above, it was further pointed out  that  the panel  of names prepared by the Executive Council for  nomination of members by the Delhi Administration on the governing Bodies of the  Colleges  run by them had now become outdated  and  required revision.<\/p>\n
     The Council authorised the Vice-Chancellor to set up a  Committee to  consider the question of revision of the panel of  names  for nomination of members by the Delhi Administration on the  Governing Bodies of the Colleges run by them.<\/p>\n<\/blockquote>\n
4.   The  petitioner  before final order could be passed by  the  Governing Body  and the Vice-Chancellor who is the approving authority filed  a  writ petition challenging the validity of the constitution of the Governing Body stating  that whatever the action taken by the Governing Body with 12  Members  nominees of the Delhi Administration whose tenure had  been  extended without prior request of the Delhi Administration as required by proviso to Rule  3 of Ordinance XVIII of the University would completely  vitiate  the proceedings  taken by the Governing Body. The Governing Body by  resolution dated  24.08.1984 decided to terminate the service of the  petitioner.  The Vice Chancellor of the Delhi University who is the authority to approve the decision of the Governing Body differed from the view taken by the  Governing  Body and directed the Governing Body to consider the question  of  reverting  the petitioner to the post as Lecturer having regard to the  facts and  circumstances.  The Governing Body with due difference  to  the  views expressed  by the Vice Chancellor decided to revert the petitioner  by  its resolution  dated 02.09.1984. This resolution of the Governing Body is  not independently  challenged but it is maintained by the learned  counsel  for the  petitioner that if this court finally concludes that the earlier  Governing  Body was not competent in law in taking decision, the  decision  of the Governing Body would automatically fall to the ground.\n<\/p>\n
5.   The  position is that the petitioner is now functioning  as  Lecturer. There have been subsequent developments as stated in the affidavit filed by the  Governing Body about the qualification for the post of the  Additional Principal but those need not be considered.\n<\/p>\n
6.   The learned counsel for the petitioner fairly confined himself to  the direction  by the Supreme Court to the validity of the constitution of  the Governing Body at the relevant time. The learned counsel for the petitioner Mr.  Gupta submitted that the Executive Council of the University no  doubt can  extend the period of tenure of members of the Governing Body  but  the ultimate decision of the nomination of the 12 members of the Governing Body so  far  as the Satyawati Co-education College is concerned, is  the  Delhi Administration  and the Delhi Administration did not want any extension  of the 12 members who were nominated earlier and there was no such  intimation for extension of the nomination by the Delhi Administration, the resolution of  the Executive Council dated 06.06.1984 extending the period of  the  12 members  of  the Governing Body would be without any authority of  law  and consequently it is void in law.\n<\/p>\n
7.   Learned  counsel for the petitioner Mr. Anil Kumar Gupta  referred  to Sections  30 and 31 of the Delhi University Act and also referred to  Ordinance 28(3) which reads as under:\n<\/p>\n
     The Delhi University Act, 1922:\n<\/p><\/blockquote>\n
\n     Section  30: Subject to the provisions of this Act and the  statutes, the Ordinances, may provide for all or any of the following matters, namely:<\/p>\n<\/blockquote>\n
     m) the supervision and inspection of Colleges and other Institutions admitted to privileges of the University and <\/p>\n<\/blockquote>\n
     n) all other matters which by this Act or the Statutes are to  be or may be provided for by the Ordinances.<\/p>\n
     Section 31 <\/p>\n
     The  Ordinance of the University as in force  immediately  before the  commencement of the Delhi University (Amendment) Act,  1952, may be amended repealed or added to at any time by the  Executive Council.<\/p>\n
     x x x x x x x x x x x x x x x x x <\/p>\n
     ORDINANCE XVIII (3)(1):\n<\/p><\/blockquote>\n
\n     The member of the Governing Body, other than the Principal  shall hold  office for a period of one year and shall be  eligible  for reappointment or re-election provided that in respect of  teachers’ representatives provisions of sub-clause (2) of this  clause shall apply.<\/p>\n
     Provided that on the expiry of one year the Executive Council may on the request of the Trust\/Delhi Administration as the case  may be, grant approval to the nominee of the Trust\/Delhi  Administration on the governing Body for a further period not exceeding six months,  not more than 3 months at one time, if it  is  satisfied that the circumstances so warrant.<\/p>\n<\/blockquote>\n
8.     Learned counsel for the petitioner Mr. Anil Kumar Gupta referred  to Section 31(4) of the Act that sub section reads as under:\n<\/p>\n
      31(4)  All  Ordinances  made by the Executive  Council  shall  be submitted,  as soon as may be, to the Visitor and the Court,  and shall  be  considered by the Court at its next  meeting  and  the Court  shall have power, by a resolution passed by a majority  of not  less  than two-thirds of the members voting, to  cancel  any Ordinance made by the Executive Council, and such Ordinance shall from the date of such resolution cease to have effect.\n<\/p>\n
9.   The  argument was under the proviso mentioned above the  authority  to nominate  for  extension is the Delhi Administration and  the  occasion  to exercise  power  by Executive Council would arise only if  there  had  been nomination  by the Delhi Administration and therefore, the argument of  the University  that the power would to pass the resolution of the nature  that was  done is valid though involution to proviso to Ordinance 38(3)  cannot be accepted and Section 31(4) speaks of the ultimate authority on whom  the entire  power vest and the Executive Council cannot clothe itself with  the absolute  power and what was done on 6.6.1984 and that is bad in  law.  The learned  counsel brought to my notice the letter dated 28.06.1984 from  the Delhi Administration. The letter reads as under:\n<\/p>\n
     Respected Vice-Chancellor,<\/p>\n
     One year term of Governing Bodies of colleges, sponsored by Delhi Administration, has ended on 10th June, 1984. It is learnt  that you  have extended the term of Governing Bodies by  three  months even though we have more or less constituted Governing Bodies for all the colleges and very soon we are going to send their list to you.  Therefore, we do not agree with the extension of the  term. In  view of this any decision taken by the Governing Body or  any college after 10th June 1984, is illegal.<\/p>\n
     It is requested that the Governing Bodies be approved as per list which we are sending shortly.<\/p>\n<\/blockquote>\n
10.  The learned counsel referred to the judgment of this court reported in B.D.Wadhwa and others Vs. Hardyal Devgun and ors ILR 1973 (II) 678 at  page 689  to show that the authority to nominate vests in the Delhi  Administration.  There  is no need to refer to this because that position  cannot  be controverted. The learned counsel for the petitioner relied upon the  judgment of the Supreme Court reported in The State of Haryana Vs. The  Haryana Co-operative Transport Ltd. and others. 1977 Lab I.C 32 at 36.\n<\/p>\n
11.  The learned counsel for the respondents brought to my notice that  the petitioner  has filed other writ petition No.2939 of 1984  challenging  the subsequent  actions of the Governing Body. Learned counsel Mr.  Luthra  for the  University submitted that a public authority has to act in the  interests  of public having regard to the circumstances under which  the  public authority  has to act. Here was a case where disciplinary action  had  been initiated against the petitioner. That was to be considered by the  Governing Body in accordance with the rules. If there is no properly  constituted Governing  Body there will be a vacuum and no one could exercise the  power of  the  Governing Body and the entire proceedings against  the  petitioner would  come  to a stand still. In other words, the  petitioner  could  have taken advantage of the situation and have gone unpunished for whatever done by  him. That was the position with reference to other colleges  in  Delhi, considering the administrative conveniences of all the Colleges referred to by  the  Executive  Council, the Executive Council  exercising  its  powers passed the resolution to authorise or make it lawful any act of the Governing  Body of the colleges mentioned therein. One of the colleges  mentioned in  the  resolution  is the college in question. Mr.  Luthra,  the  learned counsel  for the respondents submitted that the Delhi  Administration  must have also taken sufficient interest in nominating members long prior to the expiration  to the tenure and as the Delhi Administration failed to act  or was  negligent of its obligation to the colleges the Executive  Council  in anticipation of the approval by the Delhi Administration accorded  approval to  the  existing  nominees for a term of three  months  w.e.f.  11.6.1984. According  to Mr. Luthra the learned counsel for the  Delhi  Administration did not nominate any member before the expiration of three months  extended period given by the Council in its resolution dated 6.6.1984. According  to Mr.  Luthra  the learned counsel under these circumstances  the  law  would presume that the Delhi Administration had acquiescence with the action  of the  Executive  Council and the letter of the  Delhi  Administration  dated 28.06.1984 cannot in law invalid the action taken by the Executive  Council on  6.6.1984.  It  is now common ground that the  Delhi  Administration  as stated  in its letter dated 28.06.1984 did not send its nominee  for  being considered by the Executive Council before the expiration of the period and nomination made long after the tenure of 12 members had expired.\n<\/p>\n
12.  According  to Mr. Luthra having regard to the over all facts and  circumstances what could be said in favour of the petitioner is that there was some irregularities which law would not recognise when Body entrusted  with the authority acts in the interest of the administration. According to  the learned  counsel  the  law always favour the exercise of  power  in  public interest and it is only when a authority entrusted with the power fails  to discharge  its duty then it is accepted that the court would  intervene  to issue a command to act in the facts and circumstances.\n<\/p>\n
13.  The  learned counsel further submitted that the petitioner cannot  now for the purpose of his case espouse the cause of Delhi Administration which has not said anything against the resolution of the Executive Council  that there was no nomination by the Delhi Administration and therefore, whatever decision is taken by the Governing Body was illegal.\n<\/p>\n
14.  Mr. V.P. Choudhary, learned Sr. counsel for the Governing Body submitted  that in the light of the provisions of the Act and the  Ordinance  the powers  of  the Executive Council to pass the resolution  dated  06.06.1984 cannot  be  faulted  and the petitioner cannot now in  view  of  the  above changed  circumstances mentioned in the affidavit as  Additional  Principal and  the governing Body had accepted the decision of Vice  Chancellor  have reverted  the petitioner to the post of lecturer and, therefore, the  petitioner cannot be said to suffer any serious prejudice.\n<\/p>\n
15.  The  submissions made by learned counsel for the petitioner  that  the resolution passed by the Executive Council of the University on  06.06.1984 is invalid cannot be accepted. The Delhi Administration who is the authority  to nominate ought to have discharged its duty before the tenure of  the 12  members expired. In the absence of any such communication of the  Delhi Administration  to the Executive Council the exercise of the power  by  the Executive Council is perfectly in accordance with law. The Executive  Council  who is the authority to oversee the activities of the college  had  to take a decision with reference to the proceedings initiated by the  management of the college. The matter cannot be kept pending until the nomination is made by the Delhi Administration. The learned counsel for the petitioner submitted  that everything has been done against the petitioner in a  great hurry  and within a period of two months and that would show malice in  law
\nagainst  the Governing Body and that is the point which cannot  be  ignored while  considering  the validity of the decision. The  question  of  malice cannot be gone into in view of parameters laid down by the Supreme Court in the remand order and we are concerned with the constitution of the  Governing  Body and the resolution of the Executive Council which would  validate the constitution of the Governing Body. In the light of this fact, I am  of the view that the position of the governing Body as it existed by virtue of the resolution of the Executive Council of the University dated  06.06.1984 is valid in law and the proceedings taken by the Governing Body against the petitioner would be valid and no further question arise for consideration.\n<\/p>\n
16.  Learned counsel for the petitioner referred to the rejoinder filed  by the  petitioner to the counter affidavit at page 601 wherein  reference  is made to the resolution of the Executive Council of the University passed on 10.04.1983 and that resolution reads as under:\n<\/p>\n
     “The  Council considered (i) whether the Governing  Body  without the Trust Nominees could meet and take decisions, and (ii) whether such decisions were legally valid.\n<\/p>\n
     1.  In  accordance  with Statute 30(1) of  the  University  every college or Institution shall have a regularly constituted Governing  Body consisting of not more than 20 person approved  by  the Executive Council and including among others at least two  representatives  of the teaching staff, of whom the Principal  of  the College or Institution shall be one.”\n<\/p>\n
17.  The learned counsel for the petitioner submitted that having regard to the  language  of the resolution the Governing Body could act  without  the nominee  of the Delhi Administration. I am not able to accept this  submission.  We do not know what was the provocation of the Executive Council  to pass the resolution dated 10.04.1983 and what was the object of that  resoution.  The  University has to deal with so many colleges managed  by  the societies  and in the instant case 12 nominees admittedly nominated by  the Delhi  Administration and not of any trust. Therefore the arguments of  the learned counsel for the petitioner that the Governing Body could have dealt with  the matter without the 12 members nominated by the Delhi  Administration does not render any help to me in resolving the controversy.\n<\/p>\n
     Accordingly  the writ petition is dismissed. No order would be  necessary  to pass in CW No. 2939\/84 in view of the disposal of the  above  writ petition.<\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court G.C. Bandha vs University Of Delhi & Ors. on 20 April, 1998 Equivalent citations: 1998 IVAD Delhi 683, 74 (1998) DLT 486, 1998 (46) DRJ 458 Author: K Ramamoorthy Bench: K Ramamoorthy ORDER K. Ramamoorthy, J. 1. The writ petitioner was an Additional Principal and disciplinary action was taken against him. On […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-234749","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nG.C. 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